Whether you are a business, municipality, financial institution, or investor involved in some aspect of mining, forestry, energy, transportation, or many other fields and you intend to undertake activities on “Crown Land”, and in some cases, private land—you will need to consider the rights and interests of Indigenous people, and you will need to have a plan for working with their communities. Here are eight questions you need answered before you start:

#1 – What First Nations should you talk to?

#2 – Are there Metis or Non-Status communities that can also demonstrate a similar, historical relationship to the land – and you must consider?

#3 – What Treaty or Treaties governs the Crown Land in question?

#4 – Is the First Nation an active member of a “Treaty Organization” or is it an “Independent First Nation”?

#5 – Is the First Nation a member of a “Tribal Council”?

#6 – Is the First Nation primarily guided by its “traditions” in conducting its affairs?

#7 – What importance does a First Nation place on the experience, wisdom and knowledge of its “Elders” in making decisions?

#8 – What is the “working history” of the Indigenous Communities?

In my next article “Working with First Nations and other Indigenous Communities” I will be sharing with you my thoughts about questions one to four. Email me (hhampton@pilotlaw.ca) if you would like to know more.

Howard Hampton
Colleague
Pilot Law LLP
hhampton@pilotlaw.ca
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